Terms & Conditions
In these Terms and Conditions:
“W3lcome”: Cotival Solutions GbmH, a company organized under the laws of Switzerland, with its registered office at Bürenstrasse 16, 2543 Lengnau.
“Client”: any legal entity that opens an account to receive a Service from W3lcome.
"Location": the physical address that is linked to the account opened by the Client, where the Client is entitled to use the Services.
“Service”: any of the web and/or mobile applications and/or services provided by W3lcome in the form of Software-as-a-Service (SaaS) available online. Including any underlying servers and software used for the purpose.
2.1 Acceptance of terms
2.1.1. W3lcome provides its Services subject to the Client and the company or other legal entity you represent acceptance of the Agreement. By registering for and/or using a Service in any manner, the Client acknowledges that it has read, understood and agreed to be bound by this Agreement. If a person signs this Agreement on behalf of a company or legal entity, this person warrants that he/she has the authority to bind the company or any other legal entity or affiliate he/she represents.
2.1.2. If the Client registers for a Trial Period, this Agreement will also govern the Trial Period.
2.2 TERMS UPDATE
2.2.1. W3lcome reserves the right to unilaterally revise or update the Agreement from time to time, at its sole discretion.
2.2.2. The Client understands and agrees that its continued use of a Service following the posting of any changes to the Agreement constitutes acceptance of those changes. It is the Client’s responsibility to check the Site regularly for changes. Changes will apply fourteen (14) business days after they have been published or notified, whichever comes first.
2.2.3. If the Client does not agree to the changes, the Client can stop using the Service and cancel its account without charge within fourteen (14) business days after they have been published or notified, whichever comes first, in which case the Client will be entitled to a pro rata refund of the monthly or annual fee that would already have been paid. There is no possibility to continue to use a Service under the old conditions.
3. W3lcome Services
3.1 SERVICE USABILITY
3.1.1. Subject to the terms of this Agreement, W3lcome will use commercially reasonable efforts to provide Client the Services. As part of the registration process, Client will identify an administrative user name and password for Clients Company account. Subject to the terms hereof, W3lcome will endeavor to provide Client with reasonable support services and implementations assistance.
3.1.2. Client will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any Software; modify, translate, or create derivative works based on the Services; W3lcome hereby grants Client a non-exclusive, non-transferable, non-sublicensable license to use such Software solely as embedded on such device only in connection with the Services during the Term.
3.1.3. Each license starts from the date of purchase of a Client Subscription and is applicable for the duration of the Client Subscription. The Client must ensure that its use of a Service is in accordance with this Agreement. If the Client subscribes for a Trial Period, a separate license is applicable for the duration of the Trial Period.
3.1.4. During the term of this Agreement, W3lcome will provide the Client and the Users:
The use of the latest version the application(s) ;
Client support ;
Secure data hosting
The possibility of additional services, for example: additional integrations specifically for the Client, which will be charged based on Time & Material.
3.1.5. Each type of license for a certain Client Subscription is restricted by the number of stations (iPad Kiosk) and the number of companies per account.
3.1.6. Client shall be responsible for obtaining and maintaining any equipment and ancillary services needed to access or use the Services, including, without limitation, iPads, printer, stand, internet access services, and related equipment. W3lcome provides the acquisition of the necessary hardware, however all guarantees, licensing and returns are the client's responsibility.
3.1.7. The Client shall indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Client's use of Services
3.2.1. Client will pay W3lcome all applicable Services fees (as described in the Services or otherwise designated by W3lcome from time to time. If Clients's use of the Services exceeds the applicable service capacity (as described in the Services) or otherwise requires the payment of additional fees, the Client will be billed accordingly, upon thirty (30) days prior notice to the Client. (which may be sent by email). Any inconsistency can be reported by the Client, who must contact W3lcome no later than 60 days after the date on the relevant billing to receive an adjustment or credit.
3.2.2. The payment might be processed via physical invoice, which will be send to the Clients' address. W3lcome has the right to suspend the Client’s access to the Service in case of delay on the payments longer than 15 days after the due date for the subscription. Which is counted since the first day of the activation of the Service.
3.2.3. If the selected payment its one year subscription allows the Client a 10% off the monthly subscription fees.
3.3.4. Any price change will not affect existing subscriptions. Payments are made via wire transfer depending on the terms of the subscription
3.3 Free trial
3.3.1. The Client has the right to request (only) one (1) trial period free of charge per Location/email, in order to experience the features and functionalities of the Services prior to making a purchasing decision. After the trial the Client will not be eligible for another free Trial Period for the same Location/email. If W3lcome discovers that the Client has registered several times for Trial Periods for a certain Location/email, W3lcome reserves the right to restrict or terminate any of the Client’s client accounts in W3lcome sole discretion and/or to refuse all current or future use of the Service (or any part thereof).
3.3.2. The Trial Period starts from the creation of a client account. The Trial Period is valid for thirty (30) days. As soon as the Trial Period expires, the Client’s access will be immediately terminated, except if a paid for Client Subscription is opened.
3.4.1. W3lcome does not hold responsibility over the necessary hardware to operate the Service. W3lcome facilitates the acquisition, but all relevant guarantees, returns and refunds holds into the Client's responsibility. If acquiring the hardware over W3lcome, all the necessary invoices and contracts will be given to the client on the Setup day.
4.1. W3lcome has taken all reasonably necessary technical, operational and legal measures to guarantee the Client a high level of availability and performance. W3lcome however cannot provide absolute guarantees on the uninterrupted availability and good performance of the Services provided. Nonetheless, W3lcome will take the best efforts to correct any issues on the functionality of the Services.
5.1 external services
5.1.1. We use Firebase (Google) servers to host and process our data. We make extensive use of their built-in firewalls to protect your data against unauthorized remote access. Visitors and payment information are all stored and encrypted at rest. W3lcome does not have access to the real visitor data.
5.1.2 Firebase ensure they meet the highest standards of physical and virtual security. You can find more information on Firebase storage and processing at https://firebase.google.com/terms/
6. Data ownership
6.1. The Client always retains ownership of its content, data and information provided by the visitor, including all GDPR responsibilities. In which, W3lcome fully support the Client compliance with the necessary regulators. For more check: www.w3lcome.com/GDPR.
6.2. W3lcome retains ownership of the Clients content, data and information provided by the Client. All the applicable regulatory measures required from the Client it will immediately take place by W3lcome (GDPR).
6.3. Unless specifically permitted by the Client or by the User to which the data relates, the Client’s use of the Services does not grant W3lcome the right to use the Client Data for any other reason than for the performance of the Service.
6.4. W3lcome reserves the right to compile and use aggregated usage data and statistics, and to disclose these aggregated statistics, as long as these do not describe or identify any individual User or Client.
7.1. The Client may not assign or transfer in any other manner any of its rights or obligations under this Agreement, either in whole or in part, to a third party.
7.2. A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
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